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Microsoft OEM licence and selling old hardware.

    Dotaz

  • Hi,

    I wish to sell my 7 year old laptop on Ebay and am hearing mixed messages about the OEM licence. I intend to sell the machine after being wiped clean and it is up to the buyer to re-install it.

    I do not have any discs for it and a local PC shop said that the buyer could just use any Microsoft CD (The retail holographic one or a copy of it) and it will install fine and activate with the OEM licence key. No hardware has been changed from when it was new.

    I am also reading that this advice could be wrong and that I need to send an OEM disc and a paper copy of the EULA? Is this right? I thought the licence was the sticker and that the CDs were just install media. How am I supposed to get an OEM CD when the laptop is no longer listed on their website and was never supplied with one?

    If a computer shop is supplying second hand PCs with their original OEM stickers and without CD's (very common in UK), are they breaking licencing? Do they need a special licence to do this?

    Any comments would be very much appreciated

    Thanks

    1. října 2010 12:17

Odpovědi

  • Hello Geekstu,

    The PC shop's advice that a retail disc would work is incorrect because retail discs will not accept the OEM product key that's on the machine's CoA.

    What is needed to transfer the OEM license for Windows is covered in the End User Licensing Agreement (EULA).  If the computer is operational, click Start>Run, then type winver and click OK or hit Enter.  In the resultant dialog box, click on the link to display the EULA.

    If it's not operational, then from memory I can tell you that the typical requirement is that the OEM license can only be transferred as a unit with the computer it originally came installed on (keeping with the basic OEM licensing concept that the OEM license is married to the original computer), and that a proper transfer would include everything that you originally received from the manufacturer.


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    4. října 2010 13:51
  • Q.  "If a computer shop is supplying second hand PCs with their original OEM stickers and without CD's (very common in UK), are they breaking licencing?"

    A.  A computer that does not include the original Windows installation media, such as the recovery/reinstallation disc or system recovery partition. is considered an "unlicensed computer" and should be advertised and sold as such.

    Please review the following Microsoft policy statement regarding selling Microsoft software on eBay.


    Carey Frisch
    17. října 2010 15:35

Všechny reakce

  • Hello Geekstu,

    Is there a utility that came with the laptop that makes Recovery Discs? 


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    2. října 2010 12:20
  • No there isn't and never was. I think I threw the OEM disc away becuase it was full of extra rubbish programs I did not need. The last time I had a fault I reinstalled using a spare original XP home edition disc I had from another machine. The code from the laptop worked and the activation went straight through.

    2. října 2010 23:03
  • Hello Geekstu,

    The PC shop's advice that a retail disc would work is incorrect because retail discs will not accept the OEM product key that's on the machine's CoA.

    What is needed to transfer the OEM license for Windows is covered in the End User Licensing Agreement (EULA).  If the computer is operational, click Start>Run, then type winver and click OK or hit Enter.  In the resultant dialog box, click on the link to display the EULA.

    If it's not operational, then from memory I can tell you that the typical requirement is that the OEM license can only be transferred as a unit with the computer it originally came installed on (keeping with the basic OEM licensing concept that the OEM license is married to the original computer), and that a proper transfer would include everything that you originally received from the manufacturer.


    Buy Office 2007 Now, Get Office 2010 Free http://office2010.microsoft.com/en-us/tech-guarantee/microsoft-office-2010-technology-guarantee-FX101825695.aspx?CTT=97
    4. října 2010 13:51
  • Hi Dan,

    The laptop is still complete and is being sold with the OEM sticker. I just don't have the original discs to reinstall it. If the prospective purchaser gets hold of any OEM Microsoft disc or a copy (the holographic looking ones work with the codes) does this invalidate the licence.

    On the other hand, if a laptop with a major problem is brought into a computer shop for repair and needs re-installing (no discs supplied from owner) - can the computer shop use any OEM disc to get it up and running again or does this invalidate the licence too?

    Cheers

    4. října 2010 22:27
  • Q.  "If a computer shop is supplying second hand PCs with their original OEM stickers and without CD's (very common in UK), are they breaking licencing?"

    A.  A computer that does not include the original Windows installation media, such as the recovery/reinstallation disc or system recovery partition. is considered an "unlicensed computer" and should be advertised and sold as such.

    Please review the following Microsoft policy statement regarding selling Microsoft software on eBay.


    Carey Frisch
    17. října 2010 15:35
  • Hi Geekstu,

    Actually, since it does not include the recovery CDs, it is a violation of the Microsoft End User License Agreement for the buyer to install it. It may be best to just destroy the OEM sticker.

    3. listopadu 2010 20:47
  • I have seen many machines that did not come with a recovery disk. Netbooks are often shipped with none, instead they ask the user to use a USB stick to make a recovery stick.

     


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    3. listopadu 2010 20:49
  • Hi,

    Sorry about the new profile name, my Live ID has lost it's connection to my original profile of Geekstu:

    There is a massive gap between what Microsoft states in its EULA and what is actually happening in the real world. Discs and paperwork can get lost. If a laptop / pc has a licence sticker, a user will use the code with another OEM disc. This also happens if the machine is sold on. Users are not going to purchase additional licences as they see the machine already has one and there is no way that Microsoft can tell if an original disc / paperwork has been used or not. The operating system will activate as normal as this system is useless as well. End users do not know the difference between a retail licence and an OEM one and no-one reads the EULA anyway as it is very complicated - they just want to boot into Windows.

    Microsoft should just be pleased that the machine has a paid for licence sticker and not a pirated copy of Windows.

    Sorry - did that sound like a rant??!

     

     

     

    5. listopadu 2010 10:38
  • I see machines all the time that do not have their recovery disks. I always implore clients to keep their machine's softwaree safe but that does not happen all the time.

    I have CD binders galore with my software disks and I have many USB disks with backup.

     


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    5. listopadu 2010 12:52
  • No it isn't - there are options ie, obtaining a copy of the restoration disk from the manufacture if restore CD's are not included.

    You do not need to destroy your OEM product key.

    1. dubna 2011 4:23
  • Getting recovery disks from the manufacturer can sometimes be purchased but they tend to be very expensive.

    If you machine is like my netbook, get a USB DVD and make recovery disks as the partition with recovery may not work.

     


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    1. dubna 2011 4:35